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12 de diciembre de 2022

Why Is Nigeria Legal System Complex

The history of legal education is divided into phases This was the beginning of the emergence of the legal system in many parts of the British territory, including what later became Nigeria. The current constitution is the 1999 constitution and is available online here: The Nigerian Constitution of 1999 came into force on 29 May 1999. A lawyer can only exercise this right, i.e. the right to representation and hearing, as long as he is available and not if he is suspended or suspended for one reason or another, he ceases to be a lawyer and conducts his case personally only like any other member of the public. In such circumstances, he does not have the right to be heard or the right to represent a co-defendant/plaintiff in a legal action. See Fawehinmi v. N.B.A (1989) 2 N.S.C.C., 1 or (No.1) 1989 2 NWLR Pt 105 @ 494. Afejukwu (1994) 12 SCNJ1OR (1994)9 NWR p.368 @379, where it was decided that the statement that a lawyer who personally conducts his case acts as a lawyer is misunderstood. In Uzo v.

Polizei (1972) 11 SCE 37 or (1972) ANLR 825. It was noted that in the Nigerian criminal trial system, the judge is not expected to enter the arena as an arbitrator, as the trial is the acquisition that the innocence of the accused is presumed until he is found guilty by the prosecution. The procedure chosen by the trial judge is inappropriate. In this regard, he personally took over the charge and subjected the accused to a lengthy and disturbing cross-examination in order to discredit him on an irrelevant issue of falsification and theft of clothing. It cannot be presumed that his conviction on the single charge before the court was not influenced by the court`s unnecessary concern with this irrelevant issue. See the case of R.V. Clewer (1953) CAR 37 It should be noted that a lawyer enjoys immunity in litigation and is also immune from any statement he makes in court in the course of litigation. Therefore, one of the main features of the 1963 Constitution was the establishment of the 1st Republic of Nigeria under a parliamentary system of government, replacing the Governor-General appointed by the British monarch with a President directly elected by the members of the United States. The Nigerian Federal Legislature. In addition, instead of the Privy Council, the Federal Court of Justice has been designated as the court of last resort for any person or case in Nigeria, while steps have been taken to further strengthen the independence of the judiciary. (5) Two persons qualified as lawyers for a period of at least 15 years are also members The traditional system of administration of justice posed a problem for foreigners, particularly European foreigners who were unfamiliar with traditional law in many parts of African society. This led to the establishment of a consular tribunal by the British government with a consul appointed to deal with disputes between indigenous peoples and foreign traders, while traditional courts continued to administer cases involving only indigenous peoples.

An example is the protectorate of oil flows with the port protectorate of Niger, for which consuls were appointed by the British government to honor treaties and regulate the government of the British subject in this area. In the region that was to be known as the Southern Nigeria Protectorate, courts of justice were established in the mid-19th century, with the main function of managing trade relations between British and non-British subjects. They differed from the court of consuls in that they were less technical and concerned more with the management of commercial relations than with governmental and judicial matters. It is therefore difficult to determine to what extent any of these foreign and indigenous influences, including the British common law system, could have had an exclusive impact on Nigeria`s current legal system. The image emerges from a truly distinctive Nigerian legal complex, which is in many ways different from that of any other country. Some of the most obvious features include: The lawyer has intertwined rights, namely the right to represent litigants and the right to be heard in court. According to section 8 (1) of the AHR Act, a lawyer has the right to represent another lawyer and has the right to be heard by all courts in Nigeria. In accordance with the rules established by the Legal Practitioners` Privileges Committee – the responsibility of assigning this SAN rank to deserving legal P. A SAN cannot exercise the right unless it is a partnership with another JURIST who is not a SAN 5) Two members who are lawyers who are so qualified for a period of at least ten years ICPC is a Nigerian agency, On the 29th. It was inaugurated in 2000 on the recommendation of President Olusegun Obasanjo. The mandate is to receive and investigate reports of corruption and, where appropriate, prosecute the perpetrator(s), investigate, review and enforce the correction of systems and procedures of public bodies subject to corruption in order to eliminate corruption in public life, and educate and educate the public about and against corruption and related offences in order to increase public support for the Attract and promote the fight against corruption.

The Corrupt Practices and Other Related Offences Act 2000 governs the Committee`s activities. The result is that Nigeria`s constitutional history is full of cases of so-called «suspensions» or «amendments» of constitutional declarations by military decrees. As a result, Nigerian jurisprudence is tainted in various places by contradictory statements by the Supreme Court on the primacy of the country`s constitution over a military decree. Currently, the primacy of the constitution has been restored since the return to democratic government in Nigeria. The SC Ordinance of 1876 provided for two categories of persons who could practise under the 1st period of the categories: legally qualified practitioners, those who were already admitted as barristers, or those who were entitled to be qualified as barristers in England or Scotland. These individuals were automatically registered with the Supreme Court of Nigeria and were therefore allowed to practise during this period. In 1960, Nigeria gained political independence as a sovereign state under the 1960 constitution, which provided for a parliamentary system of government; three (3) regions (Northern, Eastern and Western regions); a bicameral legal framework at the federal (Senate and House of Representatives) and regional (House of Assembly and House of Chiefs) legal framework, with the legislative powers of the government divided into three categories or lists – exclusive, concurrent and residual.